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Assault Defense · Austin TX

Assault Attorney in Austin, Texas

Texas assault charges span from a Class C misdemeanor fine to a first-degree felony carrying up to life in prison. The difference lies in the facts — and the attorney who knows how to present them in Travis County.

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Assault is one of the most broadly defined offenses in Texas law. Under Texas Penal Code §22.01, assault covers physical contact causing bodily injury, threats of imminent bodily injury, and even offensive physical contact — meaning the spectrum runs from a bar confrontation to a domestic situation to a workplace altercation. The charge classification depends on the specific conduct, the relationship between the parties, and whether certain aggravating factors are present.

A Class C misdemeanor assault — typically a threat without physical contact or minor offensive touching — carries only a fine of up to $500 with no jail time. A Class A misdemeanor assault involving bodily injury can result in up to one year in jail and a fine up to $4,000. When assault is alleged against a family or household member, it elevates to a Class A misdemeanor regardless of the severity of injury, with additional collateral consequences for firearm rights.

Aggravated assault under Texas Penal Code §22.02 is charged when the assault causes serious bodily injury or involves a deadly weapon. This is a second-degree felony (2–20 years in prison) in most cases. Against public servants, security officers, or in domestic situations where a deadly weapon is used, aggravated assault becomes a first-degree felony (5–99 years or life in prison).

Self-defense is the most common defense to assault charges in Texas. Texas law recognizes the right to use force to protect oneself when a reasonable person would believe the force was immediately necessary to prevent the other person's use of unlawful force. Texas also has a Castle Doctrine that applies when the alleged assault occurred in a person's home, vehicle, or workplace. The specific facts matter — what happened first, who escalated, what threats were made.

In cases involving witnesses, surveillance footage, or physical evidence, early attorney involvement matters. Evidence preservation — obtaining surveillance footage before it's overwritten, identifying and interviewing witnesses while memories are fresh — is one of the most important early steps in an assault defense.

We connect Austin residents charged with assault with criminal defense attorneys who evaluate the specific charge, the circumstances, the available evidence, and the applicable defenses before advising on strategy. Travis County assault cases often resolve without trial when the defense evidence is strong — the path depends on the quality of the representation.

What You Need to Know

Key Facts About This Case Type

Charge level depends on the facts

Assault ranges from Class C misdemeanor (threat only, no contact) to first-degree felony (aggravated assault on a public servant or with deadly weapon). The specific conduct, weapon involvement, and victim category determine the charge.

Family violence designation has lasting consequences

An assault conviction with a family violence finding permanently prohibits firearm possession under federal law, can affect child custody, and cannot be expunged or sealed even after completing probation.

Self-defense is a recognized affirmative defense

Texas recognizes the right to use force when a person reasonably believes it is immediately necessary to protect against another's unlawful force. The Castle Doctrine extends this protection in homes, vehicles, and workplaces.

Aggravated assault involves serious injury or a weapon

The jump from assault to aggravated assault occurs when serious bodily injury results or when a deadly weapon is used or exhibited. This elevates a misdemeanor charge to a second-degree felony.

Common Questions

Frequently Asked Questions

Texas Penal Code §22.01 defines assault as intentionally, knowingly, or recklessly causing bodily injury to another person; intentionally or knowingly threatening another with imminent bodily injury; or intentionally or knowingly causing physical contact with another when the actor knows or should reasonably believe the contact will be regarded as offensive. Assault ranges from a Class C misdemeanor to a first-degree felony depending on circumstances.
Assault causes bodily injury or threatening contact. Aggravated assault under Texas Penal Code §22.02 involves either serious bodily injury or the use or exhibition of a deadly weapon. Aggravated assault is a second-degree felony in most cases and a first-degree felony when committed against certain categories of victims.
Yes, under certain circumstances. Charges may be dismissed when the complainant does not cooperate with prosecution, when the evidence does not support the charge, or when the prosecution determines the case is weak. Deferred adjudication is also available for some assault offenses. An attorney evaluates all of these possibilities.

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